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Tribal casinos push beyond the reservations

Congress intervenes as native Americans use questionable land claims.

(Page 2 of 2)



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"Our members have used these revenues to invest in dozens of member programs, including homeownership initiatives, tuition assistance for everything from private schools to postdoctorate work, national health insurance for tribal members, and access to top-notch health clinics," Mr. Martin told a congressional hearing in March.

But the debate is not just about the pros and cons of playing blackjack or slot machines. It has to do with the way in which tribes are officially recognized by the federal government, as well as the charge that some tribes have redefined how they recognize members in order to swell their ranks.

While Indians remain a small portion of the US population (some 4 to 5 million), those who identify themselves as native American are one of the fastest growing minorities in the country.

In Congress, the House Government Reform Committee has found that casino interests have been financing the efforts of some tribes to obtain federal recognition.

"Big money gaming interests, which have literally started assembling tribes with the hopes that they can eventually reap huge profits from Indian casinos, have corrupted the process," Rep. Christopher Shays (R) of Connecticut told the Senate Indian Affairs Committee in May. "The bottom line is, until the special interests of wealthy casino developers and investors are held accountable, tribes ... will continue to get federal recognition when it's clear they do not meet the criteria."

Still, several governors - George Pataki (R) of New York and Arnold Schwarzenegger (R) of California among them - have been working to get more Indian gambling in their states. Mr. Pataki, for example, wants such casinos in the Catskill Mountains resort area as a way of settling native American land claims.

Another reason some lawmakers have been eager to help native groups gain recognition: Tribes last year made $10 million in contributions to US House and Senate races, according to Congressional Quarterly.

"Tribes have become very powerful political players," says Nelson Rose, a professor at Whittier Law School in Costa Mesa, Calif. and an authority on gambling law.

Federal legislation has been drafted to address what critics see as troubling loopholes, such as allowing Indian casino building on non-reservation land, in the Indian Gaming Regulatory Act of 1988.

Rep. Richard Pombo (R) of California, who chairs the House Resources Committee (which has jurisdiction over Indian affairs), proposes that all out-of-state casino moves by tribal groups be banned. He also would allow just two "economic opportunity zones" for new casinos in each state.

In the Senate, David Vitter (R) of Louisiana has offered a bill that gives state legislatures and local officials a greater role in approving new casinos. Mr. Vitter's bill also precludes tribes from proposing new casinos on lands to which they have "little or no connection."

There's another possibility, suggests Professor Rose: "Congress may impose a moratorium and just say no new Indian casinos will open except ones that are already being built." It's something Representative Wolf already has suggested.

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